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State v. Clark2/15/2000
APPEAL FROM: District Court of the Twentieth Judicial District, In and for the County of Lake, The Honorable C. B. McNeil, Judge presiding.
Submitted on Briefs: October 14, 1999
Clerk
Justice Jim Regnier
Jay Michael Clark appeals from the judgments entered by the Twentieth Judicial District Court, Lake County, in cause Nos. DC-97-54 and DC-97-59. We affirm in part, reverse in part, and remand.
The issues presented on appeal are as follows:
. Whether the District Court erred when it denied Clark's motion in limine with respect to a witness' identification testimony?
. Whether the District Court erred when it denied Clark's motions for substitution of prosecuting attorney?
. Whether the District Court erred when it denied Clark's motions to dismiss the charges of driving while license suspended or revoked?
. Whether the sentences imposed by the District Court constitute cruel and unusual punishment?
BACKGROUND
On June 14, 1994, the county attorney's office in Lake County filed a Complaint in Justice Court, alleging that Jay Michael Clark had committed the following misdemeanor traffic offenses on June 13, 1994: (1) Count I: Driving While Under the Influence of Alcohol (third offense) in violation of § 61-8-714(3), MCA; (2) Count II: Accident Involving Damage to Vehicle in violation of § 61-7-104, MCA; (3) Count III: Driving While License Suspended or Revoked in violation of § 61-5-212, MCA. Count I was amended at Clark's initial appearance for driving while under the influence (third offense) to negligent endangerment in violation of § 45-5-208, MCA.
On September 5, 1995, Clark was also cited for numerous misdemeanor traffic offenses. Clark failed to present himself at the trials, relating to both the June 13, 1994, and the September 5, 1995 charges, conducted by the Justice Court. Clark was convicted in absentia of all charges filed against him. Subsequently, Clark filed a petition for writ of habeas corpus with the District Court, which was granted. The District Court concluded that Clark was denied his constitutional and statutory rights when he was tried in absentia without counsel, vacated the judgments entered by the Justice Court, and ordered new trials in both causes. Afterward, Clark filed a complaint against the prosecuting deputy county attorney and the county attorney for Lake County with the Commission on Practice, alleging a violation of Rule 3.8 of the Rules of Professional Conduct that requires a prosecutor to make reasonable efforts to assure that a defendant has been given a reasonable opportunity to obtain counsel.
Clark failed to show up for the second Justice Court trial on the charges stemming from June 13, 1994, and was convicted in absentia. Upon retrial of the charges stemming from September 5, 1995, Clark was convicted of all but two of the eight charges filed against him. Clark appealed his convictions to the District Court.
Clark filed a motion for substitution of prosecuting attorney with the District Court in both causes, alleging prosecutorial vindictiveness and conflict of interest. After considering the briefs filed by the parties on this issue and determining good cause therefore, the District Court denied Clark's motions.
In cause No. DC-97-54, relating to the charges stemming from June 13, 1994, Clark filed a motion in limine requesting an order precluding identification testimony from a particular witness. The basis for Clark's motion in limine was that the witness' identification testimony was derived from impermissibly suggestive methods employed by the State
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